Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57365 of 2019 Applicant :- Rajesh And Another Opposite Party :- State Of U.P Counsel for Applicant :- Sanjay Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sanjay Yadav, learned counsel for the applicants as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Rajesh and Jangali with a prayer to release them on bail in Case Crime No. - 520 of 2018, under Sections - 147, 452, 323, 336, 427, 506, 308 I.P.C., Police Station - Kasganj, District - Kasganj, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of attempt to commit culpable homicide, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 27.06.2018, the applicants are in confinement since 15.11.2019. As to the delay, it has been submitted that Section 308 IPC was introduced upon submission of chargesheet;
(iii) the applicants claim to have cooperated in the investigation;
(iv) the applicants have no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicants that a quarrel had erupted at the spur of the moment wherein both parties have suffered injuries and the informant and his accomplices have been charged with offence under Section 308 IPC;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019 Abhilash